Wenonah, NJ asked in Contracts, Criminal Law and Divorce for New Jersey

Q: How do I evict my husband if he is doing drugs and stealing from my minor children

4 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Generally you will need to go thru a divorce if he lives with you as he has the same rights to live in the house as you do and to terminate them you need to go thru the court system.

A: His behavior sounds like it is putting the children at risk of harm. You may want to consider filing a restraining order to keep him away from your home and your children.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Probably your best option is to sit down with a divorce lawyer and discuss your options to get your husband removed from the house / restraints on his contact with the children.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an attorney to discuss your rights and the next steps in addressing this issue.

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